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(영문) 서울고등법원 2018.06.20 2017나2052291
기타(금전)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C (hereinafter “the deceased”) died on August 8, 2013.

At the time of the deceased’s death, D had a child as the deceased’s spouse, and there was the Plaintiff, Defendant, E, F, and G.

The Plaintiff, Defendant D, E, F, and G jointly inherited the deceased’s property as the deceased died.

B. On August 16, 2013, the Defendant completed the registration of ownership transfer, such as the description of the primary purport of the claim, by reason of legacy on August 8, 2013.

On May 22, 2012, the Deceased entrusted H to a notary public on his birth, and the notary public H prepared a testamentary deed stating that the Deceased shall testamentary gift to the Defendant of each of the instant real estate (hereinafter “instant testamentary deed”) by a notary public No. 573, 2012.

The above registration was made by such legacy.

In the preparation of notarial deeds of this case, the notarial deeds of this case are written in notarial deeds in which J and I participated as witnesses.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion is null and void for the following reasons, and the registration of ownership transfer completed in the name of the Defendant with respect to each of the instant real estate based on an invalid will is also null and void. As such, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer to the Plaintiff.

① Notwithstanding the fact that the Notary Public Act was enacted on February 6, 2009 by Act No. 9416, and Article 15(3) was enacted on February 7, 2012 pursuant to the proviso to Article 1 of the Addenda of the above Act, the notary public H prepared the instant notarial deed on May 22, 2012, and thus, the instant notarial deed was null and void since it was written by a person who is not a notary public.

(2) A witness I shall be a witness.

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